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Luo v. Fulton Development Inc.
*Overview:* - Fulton Development Inc. and 2580867 Ontario Corp. (Moving Defendants) aimed to strike sections of the statement of claim. - The motion to strike was dismissed, and the crossclaim and counterclaim in the 2019 action were consolidated. *The Parties:* - Plaintiffs: Charles Luo, Pepture Inc., and other limited partners of Puccini Homes Ltd. - Defendants: Fulton Development Inc. ("Fulton"), 2580867 Ontario Corp. ("258"), Mr. Weng, Mr. Wang, Mr. Li, and Mr. Nyalakonda. *Background:* - Puccini Homes and 947 engaged in real estate ventures. - Fulton was established for commercial real estate pursuits. - A dispute arose concerning a failed property purchase agreement. - Fulton sought a loan from 947 to cover a property deposit. *258's Action to Recover the Deposit:* - The property purchase transaction was terminated. - 258 initiated legal action to recover the deposit. - The action concluded with a partial refund that was not returned to 947. Key Points: - The court rejected the motion to strike, concluding that the claims were not frivolous, vexatious, or an abuse of the court's process. - The court dismissed Defendants' argument that the claims sought double recovery of the same funds. - Costs for the consolidation motion were not awarded, given parties' negotiations and consent to consolidate certain claims. - The motion to strike was dismissed, and the crossclaim and counterclaim in the 2019 action were consolidated with the current action, with potential costs-related matters to be addressed later if parties failed to agree.
Charles Luo, in his personal capacity and on behalf of 9477322 Canada Inc.
Law Firm / Organization
Not specified
Lawyer(s)

Calvin Zhang

Pepture Inc.
Law Firm / Organization
Not specified
Lawyer(s)

Calvin Zhang

Fulton Development Inc.
Law Firm / Organization
Not specified
2580867 Ontario Corp
Law Firm / Organization
Not specified
Lawyer(s)

Tina Yang

Siyuan Weng a.k.a. Stephen Weng
Law Firm / Organization
Not specified
Lawyer(s)

Trung Nguyen

Qiang Wang a.k.a. Jason Wang
Law Firm / Organization
Not specified
Vikranth Nyalakonda
Law Firm / Organization
Not specified
Lawyer(s)

Karan Khak

Yang Li
Law Firm / Organization
Not specified
Superior Court of Justice - Ontario
CV-22-3095-00
Civil litigation
Not specified/Unspecified
Plaintiff